Insurers lodge appeal against Scottish judgment on pleural plaques

14/01/2010

Four major insurance companies have lodged an appeal against the recent judgment concerning The Damages (Asbestos-Related Conditions) (Scotland) Act 2009.

On 8 January, following a judicial review brought by several insurers, the Court of Session in Edinburgh ruled to maintain the recently passed Act to compensate people with pleural plaques, despite the medical evidence that the condition does not cause harm or lead to asbestos-related conditions such as mesothelioma.

Nick Starling, the ABI's Director of General Insurance and Health said:

"After careful consideration and legal advice, insurers consider that there are good grounds for this appeal. Insurers have not taken this decision lightly, and it reflects their strong view that The Damages Act is fundamentally flawed as it ignores overwhelming medical evidence that plaques are symptomless, and the well-established legal principle that compensation is payable only when there are physical symptoms".

The ABI reiterated that the appeal in no way affects insurers continued commitment to pay compensation to people with asbestos-related diseases, such as mesothelioma, which impact on their health.